• Denial of transfer

Madam/Dear Sir,

I am working in a bank currently working in Hyderabad and was married to another bank employee currently working in Bangalore. We were married for love despite hurdles from family and relatives. During my wife's initial posting at her bank she was insulted and treated like a pig when she asked about posting place near to me and they deliberately posted in Orissa later we begged and made a several requests from trade unions they agreed to give her posting at Bangalore. 
Recently, six months back I was diagnosed with Obstructive Sleep Apnea which is a chronic pulmonary disease, I am currently in CPAP Therapy (May be this may continue for the life), which is causing lots of trouble to me and as it is linked with sleeping patterns it further lead me to depression. My wife present placed a request inter zonal transfer on my medical ground and supportive documents of my treatment and certificate from a general surgeon was obtained and submitted to the bank. Despite the facts the bank didn't consider to transfer my wife and they are insulting her for asking the same.

Please suggest the legal options.
Asked 6 days ago in Labour

10 answers received in 1 day.

Lawyers are available now to answer your questions.

11 Answers

A bank employee can seek a transfer on medical grounds related to their spouse, but it's subject to the bank's policies and administrative requirements.

Medical grounds related to a spouse are a valid reason to request a transfer, but the bank will likely require supporting documentation to verify the medical condition. 

Some banks have policies that allow for transfers to the spouse's location or a location nearby. 

The bank will consider the administrative needs and the availability of vacancies when evaluating the transfer request.

T Kalaiselvan
Advocate, Vellore
88343 Answers
2391 Consultations

You need to first resolve it with superior level if not resolved then approach court for the same 

Prashant Nayak
Advocate, Mumbai
33322 Answers
219 Consultations

1) As per the circular of Department of Financial Services, all the public sector banks have been advised to frame a women-specific transfer policy.

 

 

-2)  Further, the new transfer policies aims at facilitating speedy transfers for female employees and enable them to stay with their families.

 

 

-3)  Further, it is also directs that the PSU Banks should make necessary provisions as far as possible, to place/transfer married female employees at the same place or the place nearest to where her husband is stationed.

 

 

- 4) Further, the PSU Banks should make necessary provisions as far as possible, to place/transfer single female/unmarried female employees at the same place or the place nearest to where her parents are stationed

 

5) your wife  can approach CAT for necessary reliefs 

Ajay Sethi
Advocate, Mumbai
98145 Answers
7975 Consultations

PSU bank employees generally cannot approach the Central Administrative Tribunal (CAT) for transfer grievances, as CAT typically handles service matters of central government employees and those under the central government, not employees of PSUs. 

Therefore you may have to approach high court with a writ petition or a civil court for suitable remedy.

T Kalaiselvan
Advocate, Vellore
88343 Answers
2391 Consultations

Engage a local lawyer for filing petition before CAT 

Ajay Sethi
Advocate, Mumbai
98145 Answers
7975 Consultations

 

 

These are available online. You need approach High Court of Telangana  at Hyderabad as this is infringement of you fundamental right  under Article 21. CAT can be approached only when there is some dispute between employee and Bank. Here there is no dispute as such, you are only asserting your right. Before approaching High Court you need to issue a lawyer's notice seeking transfer or there is already correspondence for transfer you can directly approach High Court. Government guidelines for spouse transfer in public sector banks in India generally allow for the transfer of employees based on the posting of their spouse, particularly when both are working in the public sector. Here are some key points regarding these guidelines:


  1. Eligibility: Both employees must be working in the public sector banks, and the request for transfer should be supported by valid documentation, such as marriage certificates.

  2. Transfer Requests: Employees can submit a request for transfer to the same location or nearby locations where their spouse is posted. This request is typically considered during the regular transfer processes.

  3. Priority Consideration: In many cases, banks have provisions to give priority to spouse transfer requests, especially when both partners are working in the same or related public sector institutions.

  4. Time Frame: The transfer request should be made within a reasonable time frame, often aligned with the bank’s transfer policy timelines, which may vary from bank to bank.

  5. Policy Variations: Specific policies and guidelines may differ between individual public sector banks, so employees should refer to their respective bank’s human resources department or official policy documents for precise information.

  6. Documentation: Employees may need to provide supporting documents, including proof of marriage and the spouse's employment details.

  7. Discretion of Management: While guidelines exist, the final decision often lies with the management, which may consider factors such as operational requirements, employee performance, and the availability of positions.
  8. It takes about six months for disposal of writ. 

Ravi Shinde
Advocate, Hyderabad
4790 Answers
42 Consultations

Legal Options for Denial of Transfer on Medical Grounds:

  1. File a Grievance with Bank Management

    • Your wife should formally submit a written grievance citing:

      • Your medical condition (Obstructive Sleep Apnea)

      • Her request for inter-zonal transfer on compassionate and medical grounds

      • Any previous harassment or unfair treatment

  2. Gather Evidence

    • Keep copies of all medical documents, previous transfer requests, union letters, and any written communication from the bank.

  3. Approach the Central Administrative Tribunal (CAT)

    • If the bank does not respond or denies the request unfairly, file a case with CAT under service rules.

    • CAT can intervene if there is discrimination, denial of legitimate rights, or medical neglect.

  4. Optional: File Complaint with Labour Commissioner or Women’s Commission

    • If your wife is being harassed, she can also file a complaint with the Labour Commissioner or State Women’s Commission.


Shubham Goyal
Advocate, Delhi
930 Answers
5 Consultations

These cases are very common in various Courts of India. I can understand your concern in this regard. Obstructive sleep apnea could also put you at higher risk for recurrent heart attacks, strokes, or abnormal heartbeats. It can also lead to depression, memory problems, increase daytime sleepiness and the risk of accidents.

Please understand that transfer is not a condition of service, but is merely an incidence of service. An employee, who joins service of an employer having establishments or offices all over India, can be posted in any part of the country and he cannot be heard to complain against transfer from one place to the other. If he fails to comply with or disobeys the order of transfer/posting, he does so at his own peril. Ordinarily, the Court will not interfere with the employer's prerogative to transfer and post an employee from one place or station to the other unless it is established that the action of the employer is contrary to the statutory provisions or is vitiated due to patent arbitrariness or mala fides. This proposition must be treated as settled by the judgments of the Supreme Court in B. Varadha Rao v. Stale of Karnataka , Abani Kanta Ray v. State of Orissa, Union of India v. S.L. Abbas , Public Services Tribunal Bar Association v. State of UP. , Union of India v. Janardhan Debanath & Kendriya Vidyala Sangathan v. Damodar Prasad Pandey.

However, there are a number of decisions passed by various High Courts in favour of employees seeking transfer on medical grounds. You can approach the jurisdictional High Court under Article 226 of the Constitution as it covers both legal and fundamental violations.

Detailed discussion is required in such cases.
You may contact my secretary to connect with me for clarification.

 

Gopal Verma

Advocate on Record 

Supreme Court of India

Shri Gopal Verma
Advocate, Delhi
413 Answers
19 Consultations

Yes, you must move a representation before the Management, and seeks their indulgence on humanitarian grounds. Remember that transfer is an exigency of service. The Courts do not intervene in transfer matters in a routine matter, yet take your chance before CAT/High Court. 

Vibhanshu Srivastava
Advocate, Lucknow
9717 Answers
315 Consultations

- As per the circular of Department of Financial Services, all the public sector banks have been advised to frame a women-specific transfer policy.

- Further, the new transfer policies aim at facilitating speedy transfers for female employees and enable them to stay with their families.

- Further, it is also directs that the PSU Banks should make necessary provisions as far as possible, to place/transfer married female employees at the same place or the place nearest to where her husband is stationed.

- Further, as per Supreme Court judgment, the husband and wife who are both employed should be posted at the same station even if their employers be different. The desirability of such a course is obvious. However, this does not mean that their place of posting should invariably be one of their choices, even though their preference may be taken into account while making the decision in accordance with the administrative needs. 

- Hence your wife is entitled to get posting on spouse grounds.

- You can file a complaint before the higher official of the bank, and if refused then she can approach Cat Administrative Tribunal for the same. 

- Send a legal notice before filing the complaint. 

Mohammed Shahzad
Advocate, Delhi
15056 Answers
229 Consultations

If it’s central govt authority then only you can approach CAT

Prashant Nayak
Advocate, Mumbai
33322 Answers
219 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer